Pioneer Irrigation District -Comments04/12/2013
15:23 FAX
Pioneer Irrigation District
P.O.80X 426 • CALDWELL, IDAHO 83808
(208)459.3617
www, p ioneerlrrlgallon.com
April 12, 2013
City of Meridian
City Clerks Department/ Development Applications
Fax; (208) 888-4218
Attn: Jaycee L. Wolman
Re: Case No. AZ 13-002 and PP 13-006
TO WHOM IT MAY CONCERN:
All existing easements, right-of--ways, and other means used to honor the water rights to downstream waterusers
must be maintained and allowed to continue to exist. It is imperative that no one disrupt the delivery of water to a
downstream water user.
Any lateral, canal, drain or other means used to deliver water, along which there is aright-of--way or easement,
must have the same kept clear of all obstructions at all times. No fences, structures, or other materials are allowed
on any of the District's easements or right-of-ways AND they must be recorded on the final plat. Storm w8ter
discharge will not be accepted into Pioneer Irrigtion District's facilities. The Phyllis Canal has a 20
foot from top of bank easement, along both sides of the canal. In addition, areas of the canal that ar®
elevated, or have banks that are elevated above the canal Pioneer Irrigation District has a 16 foot
easement extending outward from the top edge/bottom toe of elevated sections.
There are to be no path avs within Pioneer Irrlaatlon District easements
Any discharge or run-off into a federal drain must meet the approval of Lupe Rodriguez of the Bureau of
Reclamation. Pioneer Irrigation Dlstrlct does not assume any responsibility for such an approval, Her telephone
number is 383-2221. There is to be no obstructions, fences, buildings, walk paths, etc. within right of way.
Please be advised that NO change to or crossing of a District facility can take place unless a License Agreement or
Crossing Agreement between the District and the owner/developer of the property has been signed and recorded.
Please contact the District's Attorney, Scott L. Campbell, in writing if you need to obtain such an agreement. His
contact information is: Scott L. Campbell, Moffatt Thomas Barrett Rock & Fields, Chtd., 101 S. Capitol Blvd., 10"'
Floor, Boise, Idaho 83702, phone: (208) 345-2000, fax: (208) 385-5384.
A License Agreement or Crossing Agreement must be written up and recorded at the expense of the Developer
and/or owner. All agreements must be reviewed by and approved by Mr. Campbell. The least expensive way to
have an agreement drawn up which meets the need of the Dlstrlct is by having Mr. Campbell himself draw it up.
Otherwise there will be two attomey fees for Bald developer and/or owner to pay. A deposit of $1000.00 must be
paid to Moffatt, Thomas to cover the attorney fees before the work can begin. Any unexpended portion of the
deposit will be refunded. Pioneer Irrigation District will recommend disapproval of the final plat approval, until the
agreement has been executed and recorded. If construction begins without the required agreement, Pioneer
Irrigation District will pursue Judicial relief to stop the construction.
X001
~S
04/12/2013 15:23 FAX ~ 002
Plans must be received by Pioneer Irrigation plstrlct by December 16~h, 2013. All construction which may
impact District facilities must be completed prior to the March 16~', 2014 deadline. The Construction time-
frame which Pioneer Irrigation District allows is November 1't of the current year to March 15~" of the
following year.
Ten percent (10%) of the PID project costs, as determined by Pioneer Irrigation District's engineer, shall be
deposited with Pioneer, in the form of a cashier's check, payable to Pioneer Irrigation District, at the time of
execution of the agreement by the Developer/Land Owner. Pfoneer shall refund this deposit If the construction is
completed by March 15`", and in accordance with the terms of the agreement, otherwise the deposit shall be
forteited to Pioneer Irrigation District.
If construction is not completed by March 15`h In a manner which allows for adequate delivery of water, Pioneer will
intervene and perform whatever work is necessary to allow adequate delivery of water to patrons. This work will be
performed at the convenience and discretion of Pioneer Irrigation District. The Developer/Land Owner shall pay the
costs of this remedial work.
Any proposed development which will have downstream waterusers using gravity flow irrigation must develop their
Irrigation system In a manner which will insure the downstream waterusers the ability to acquire at least as much
irrigation water for gravity flow Irrigation as what they received prior to any development or construction taking place.
The gravity flow Irrigation system must be totally separate from the proposed pressurized irrigation system within a
subdivision.
Please be advised, the developer Shall submit detailed drawings of any proposed relocations of Pioneer Irrigation
District's facilities, prior to preliminary plat approval. Any said relocations are subject to approval from the
Superintendent and/or the Board of Directors of Pioneer Irrigation District
Any construction that impacts Waters of the United States may r®quire obtaining a 404 permit from the Corp of
Engineers. Greg Martinez of the Corp of Engineers can be contacted at 345-2154.
Prior to finalization of any Agreements with Pioneer Irrigation District, Pioneer Irrigation Distract must receive a copy
of a 404 permit that has been properly executed. If it is determined by the Corp of Engineers that a 404 permit is
not required, Pioneer Irrigation District must be notified in writing by the Corp of Engineers that said 404 permit is
not required.
NOTE: This letter does not authorize any construction to commence until all the necessary agreements
with Pioneer Irrigation District have been executed and recorded.
If you have any questions or comments, please do not hesitate to call.
Sincerely,
~_
Carl Hayes
Asst. Superintendent